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Level 7
November 20, 2022

Which State Do I File A Trust Return In?

  • November 20, 2022
  • 2 replies
  • 18 views

I have a Wisconsin client who died in 2022. She had a trust. She named her daughter the trustee. The daughter lives in Illinois.

Should I file a WI 1041 or an IL 1041?

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2 replies

Level 3
November 20, 2022

For Wisconsin (and Illinois) the statute is "A trust created by a decedent's will (testamentary trust) is resident at the domicile of the decedent at the time of the decedent's death, unless transferred by a court having jurisdiction to another court's jurisdiction."

I had a similar situation where the decedent died in FL, beneficiary moved to WI and transferred the executor power to her son in Illinois. The irrevocable trust remained a resident of FL per the family's Trust attorney.

BobKamman
Level 15
November 20, 2022

Probably both. And where do the beneficiaries live?